Effective Date: May 2023
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING MEDIATION-ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS OUTLINED BELOW. PLEASE READ THIS AGREEMENT CAREFULLY.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THIS PLATFORM (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS THIS PLATFORM IN ANY MANNER.
1. Acceptance of Terms
These Terms of Use (“Terms”) are a binding legal agreement between you and The Law Portal (“we,” “us,” or “our”). “User” refers to any person who uses The Law Portal’s Public Forum (the “Platform”) to ask a legal question. “Lawyer” refers to any lawyer who answers a question from a User on the Platform. “Lawyer” does not include any Users that may answer the questions of other Users on the Platform. “Legal Professional” refers to paralegals and/or legal assistants that are registered as members with The Law Portal. (“Members”)
All references to “you” or “your,” as applicable, mean the User who accesses, uses, and/or participates in the Platform in any manner, and each of his or her heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, and your acceptance of these Terms will be deemed an acceptance by that entity.
The Law Portal ensures and guarantees that every Lawyer on the Platform is a member of good standing in the province in which he or she practices law. The Law Portal ensures that each Legal Professional on the Platform is qualified in his or her legal profession. Legal Professionals are permitted to provide legal information on the Platform only and may not provide legal advice to Users.
The Law Portal trusts that Lawyers and Legal Professionals will have the experience or knowledge relevant to the category in which the Lawyer or Legal Professional choses to answer questions from Users.
Members (Lawyers and Legal Professionals) can be differentiated from Users as follows: (a) all Lawyers and Legal Professionals will either have a profile image or The Law Portal’s logo in their profile icon, (b) all Users will have a generic profile icon, and (c) Lawyers and Legal Professionals will have their professional titles indicated under their usernames and/or profile icons.
Members may or may not be affiliated with The Law Portal. Members may be:
(a) employed with The Law Portal;
(b) independent contractors affiliated with The Law Portal; or
(c) not affiliated with The Law Portal, other than his or her membership on The Law Portal’s website/online portal. (“External Members”)
External Members may be sole practitioners, associates, or partners with law firms that are not affiliated with The Law Portal in any capacity. Users may request to schedule consultations with External Members via The Law Portal or by contacting that External Member directly via his or her law firm or direct contact information.
By using or otherwise accessing the Platform or clicking to accept or agree to these Terms, you (1) accept and agree to these Terms and agree to comply with all rules, policies, and disclaimers posted on the Platform or about which you are notified.
2. The Law Portal Public Forum (the “Platform”)
The Law Portal’s Platform is an online resource for informational and educational purposes only. The Law Portal does not receive renumeration for any posts made by Users, Lawyers, or Legal Professionals. The Law Portal is not in the business of providing or selling information, advice, or education through this Platform.
Lawyers and Legal Professionals use their best efforts to provide helpful general information to Users about legal issues or questions. Lawyers and Legal Professionals may recommend a User to take specific actions or precautions; however, these recommendations cannot and should not be construed as a substitute for proper legal advice from a Lawyer who has performed a conflict check and collected all of the relevant and required information from the User, including but not limited to information about that User’s (and if applicable, the opposing party’s) identity, background, age, income, children, protective concerns, mental health issues, previous court proceedings, correspondence exchanged, settlement offers made, legal obligations, legal rights, or the extent or scope of legal issues.
Lawyers and Legal Professionals may or may not be employees, contractors, or agents of The Law Portal. The Law Portal is not acting as an agent for any User, Lawyer, or Legal Professional. Lawyer and Legal Professional have sole discretion in selecting which questions from Users to answer; may elect not to answer any questions from Users; and have sole discretion in controlling how to use the Platform.
We are not involved in or responsible for the conversations you may engage in with other Users on the Platform. The Law Portal shall not be liable for (a) any acts or omissions by you; (b) content in posts made by other Users, Lawyers, or Legal Professionals on the Platform, including questions, answers, requests for information, responses, profiles, comments, and posts (collectively “Posts”); or (c) a Lawyer or Legal Professional’s failure to respond to a User’s question or request.
You further understand that site tools, including but not limited to a mobile application or any other tools that may be offered by The Law Portal now or in the future (collectively, the “Tools”) are optional and such Tools are purely offered for convenience. Usage of such Tools is not mandatory. You are solely responsible for transactions you make with Lawyers or Legal Professionals on the Platform, including honoring any payment obligations.
The Law Portal shall not be liable for any acts or omissions of Lawyers’, Legal Professionals’, or Users’ Posts, or the ability of Lawyers or Legal Professionals to answer legal questions. A Lawyer or Legal Professional may not be willing or able to provide full, accurate, and/or complete legal information to a User, particularly given the limited scope of information available to the Lawyer or Legal Professional about the User and his or her situation.
By answering questions, Lawyers and Legal Professionals do not intend to form, and do not form lawyer-client relationships with Users of the Platform. Posts on the Platform are not private or confidential, nor are they protected by lawyer-client, or any other privilege. Posts may be read, collected, saved, and used by The Law Portal, Lawyers, Legal Professionals, other Users, and other members of the public who may or may not be registered as Users on the Platform. For example, search engines may index questions, answers, and other Posts to allow them to appear in search engine results.
The laws, regulations, governing authorities, standards, practices, and procedures that apply to your particular legal question may differ depending on your location and additional information that is typically discovered through in-person, telephone, or remote consultations with a Lawyer.
Lawyers and Legal Professionals shall not be held liable for providing inaccurate, incomplete, or misleading legal information due, in full or in part, to insufficient or inaccurate information provided by a User. Communication on this Platform is limited, as described above, and does not involve in-person evaluations or visits unless specifically requested and scheduled. Communications on this Platform do not include safeguards and procedures typical of in-person or remote evaluations and consultations.
We do not warrant the accuracy, completeness, or usefulness of any information presented on this Platform. The posted messages express the views of the author, and do not necessarily reflect the views of The Law Portal, its staff, its subsidiaries, or the Platform’s owner.
Anyone who feels that a posted message is objectionable is encouraged to notify the administrator of this Platform immediately via email to info@thelawportal.ca. The Law Portal reserves the right to remove objectionable content, within a reasonable time frame, if we determine that removal is necessary. This is a manual process and we may not be able to remove or edit particular messages immediately.
Although we encourage you to protect your privacy and preserve your anonymity by choosing a username that does not reveal your identity, the username that you choose must be appropriate. The Law Portal reserves the right to determine whether a username is appropriate and we may use our discretion to delete any Account for any reason whatsoever.
You agree, through your use of this Platform, that you will not post any material that is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any International or Canadian law. You also agree not to post any copyrighted material unless you own the copyright, or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this Platform.
It may not be possible for The Law Portal to confirm the validity of each and every Post. Please remember that Posts may not be actively monitored, and as such, we are not responsible for the content contained within.
You remain solely responsible for the content of your Posts. Furthermore, you agree to indemnify and hold harmless The Law Portal, Lawyers, Legal Professionals, and any related websites to this Platform, its staff, and its subsidiaries.
You understand that by using the Platform, you may be exposed to Posts that you may consider offensive or objectionable. We cannot control and have no duty to take any action to safeguard Users from potentially sensitive content. You hereby release us from all liability for any reaction or actions you may take as a result of having been exposed to sensitive, offensive, or objectionable Posts. While we may try to do so, we cannot guarantee that objectional content will be removed and we may not be able to confirm the identity of any Users with whom you interact in using the Platform. The Law Portal will not reveal the identity of any User to any other User unless required by law or upon receiving written consent from all involved Users and/or involved third parties.
You understand and acknowledge that The Law Portal may not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. Notwithstanding the foregoing, The Law Portal reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any Lawyer, Legal Professional, or User’s access to the Platform for any reason, including violation of these Terms. The Law Portal reserves the right to remove any or all of your Posts, in whole or in part, at any time with or without notice.
Any information or content publicly posted or privately transmitted through the Platform, including Posts, is the sole responsibility of the Lawyer, Legal Professional, or User, from whom such content originated, and you access all such information and content at your own risk. The Law Portal is not liable for any errors or omissions in that information or content or for any damages or losses you might suffer in connection with it. You acknowledge and agree that The Law Portal may or may not, in its sole discretion, pre-screen Posts before posted on the Platform, but has no obligation to do so. The Law Portal reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit, or remove any Posts, including but not limited to any Post that violates these Terms or is otherwise objectionable.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding protective concerns or mental health issues) should not be directed to Users, Lawyers, or Legal Professional on the Platform. In the event of a crisis situation, Users should immediately contact a qualified professional or call 9-1-1. The Platform is not the appropriate venue to deal with such situations.
ASSISTANCE REGARDING NON-EMERGENT LEGAL SITUATIONS may be sought from a Lawyer by requesting to schedule a private consultation, whether in-person, by telephone, Zoom, MS Teams, or any other mutually agreeable means.
The Law Portal is not responsible for mediating disputes between Users, Lawyers, and/or Legal Professionals.
Answers that Lawyers or Legal Professionals provide on the Platform are to be used by Users for general information purposes only, and not as a substitute for in-person evaluation or specific professional advice. No professional-client relationships shall be formed on the Platform.
3. Privacy and Confidentiality
The Law Portal will use all reasonable efforts to preserve and protect your privacy on the Platform, including but not limited to concealing your identity and contact information from other Users or members of the public; however, The Law Portal may be required to reveal your identity, or any other related information collected on this Platform, to authorities as required by law.
Users, Lawyers and Legal Professionals may not post any information on the Platform that is, or may be, privileged and confidential for the User, and in particular, may not post any information that is, or may be, privileged and confidential for any third party without that party’s informed and written consent.
Users, Lawyers and Legal Professionals may not post any information on the Platform that could reasonably be used to expose the identity of any User or third party without that User or third party’s informed and written consent.
The Law Portal reserves the right to edit, redact, or delete any posts that contain, or may contain, privileged or confidential information, regardless of whether the privilege or confidentiality belongs to the User posting the Post or to a third party who may or may not consent to the information being provided.
Your IP address may be recorded when using this Platform. In the event that you are banned from this Platform as a result of a major violation of this Agreement, your Internet Service Provider may be contacted.
Our software may place a cookie (a text file containing bits of information, such as your username and password), in your browser’s cache. This is ONLY used to keep you logged in or out of the Platform. The software does not collect or send any other form of information to your computer.
You grant The Law Portal non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts. This license shall survive termination of the Platform, these Terms, or your Account. The Law Portal does not claim ownership rights in your Posts and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit your Posts.
4. Consultations and Retainer Agreements
You may wish to retain a Lawyer for services provided outside of the Platform (“Consultations” or “Retainer Agreements”).
The Law Portal is a virtual law firm that facilitates communication between Lawyers and Users and assists Users in the process of consulting with and retaining Lawyers, whether said Lawyers are affiliated with The Law Portal or defined above as External Members. The Law Portal is not responsible for the substance, content, or quality of any Consultations or Retainer Agreements initiated through The Law Portal’s Platform, particularly if the User chooses to consult with or retain a Lawyer defined as an External Member.
The Law Portal will in no way be liable for any acts or omissions of Lawyers in performing Consultations or Retainer Agreements (or any additional services) or any issues that may arise before, during, or after attending a Consultation or signing a Retainer Agreement with a Lawyer.
Consultations and Retainer Agreements facilitate Users’ ability to privately obtain legal information or advice from a Lawyer. Charges for Consultations and Retainer Agreements will be described by the Lawyer in writing or in his or her Retainer Agreement.
If you decide to accept the terms or a Lawyers’ Consultation and/or Retainer Agreement, you understand that by receiving such services, you are agreeing to that Lawyer’s terms and conditions.
Unless otherwise expressly stated in a contract or Agreement between you and The Law Portal:
a. The Law Portal is not involved in any agreements between you and any Lawyers with whom you choose to participate in Consultations or Retainer Agreements.
b. The Law Portal does not form any lawyer-client relationship with any User through its Platform, or by virtue of any Consultation or Retainer Agreements arranged with the assistance of the Platform or The Law Portal’s Tools.
c. The Law Portal will endeavor to find a Lawyer relevant to your request for Consultations and Retainer Agreements. Nevertheless, The Law Portal does not guarantee that any Lawyer who contacts a User can adequately or satisfactorily fulfill that User’s requests or legal needs in a Consultation or Retainer Agreement.
d. The Law Portal is a virtual law firm and licenced employment agency that connects Users with Members (Lawyers and Legal Professionals) that may or may not be affiliated with The Law Portal.
e. All Members, whether affiliated with The Law Portal or not, are responsible for his or her legal information or advice provided to Users, whether on the Platform, during a Consultation, or upon entering a Retainer Agreement.
5. Modification of Terms or Platform
The Law Portal reserves the right, at its reasonable and sole discretion, to modify or replace these Terms at any time. You are responsible for reviewing and becoming familiar with any such modifications. If we determine that a revision to these Terms, in our sole discretion, is material, we will notify you as required by law. Use of the Platform by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not accept the changes, you must discontinue using the Platform.
The Law Portal reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Platform or associated services (or any part thereof), with or without notice. Except for any payments or refunds expressly agreed to in writing (or as required by law), you agree that The Law Portal shall not be liable to you for any modification, suspension, or discontinuance of any services provided by The Law Portal, including but not limited to the Platform.
6. Eligibility & Account Creation
Only individuals who are of or over the age of majority and can form legally binding contracts under the applicable laws of their jurisdiction are permitted to access the Platform or be a User. If we learn that we have collected personal information from a User under the age of majority, we will delete that information in accordance with our legal requirements. If you believe that a User under the age of majority has provided us with personal information, please contact us at info@thelawportal.ca.
You must create an account (“Account”) to create Posts on the Platform. You agree to provide accurate, current, and complete information when you use the Platform, and to update information so that it is accurate, current, and complete.
You are solely responsible for safeguarding your Account password and for all activity that occurs on your Account, and you will notify The Law Portal immediately of any unauthorized use. We are not liable for any losses by any party caused by an unauthorized use of your Account. You agree to keep your (a) contact information, including but not limited to your email address; and (b) billing information, if applicable, up-to-date, and to comply with all billing procedures that you agree to in writing. Your Account is non-transferable, except with The Law Portal’s written permission and in line with The Law Portal’s policies and procedures. As permitted by applicable law, we may, but have no obligation (unless required by law) to ask Users to provide identification or information related to credentials for purposes of using the Platform.
7. Prohibitions
As a User of the Platform, you agree that you will not use the Platform for purpose that are unlawful or prohibited by these Terms, or any other purpose not reasonably intended by The Law Portal. By way of example, and not as a limitation, you agree not to:
• Directly or indirectly manipulate, undermine, or disrupt the integrity of any User’s, Lawyer’s, or Legal Professional’s feedback, ratings, reports, or systems on the Platform, including, but not limited to, by filing false reports about other Users, Lawyers, or Legal Professionals;
• Attempt to establish a professional lawyer-client relationship on the Platform;
• Use the Platform for purposes of plagiarism in any context or in cheating in an academic setting;
• Use any automated programs to automatically lock questions that are posted on the Platform
• Create multiple Accounts on the Platform;
• Use another User’s account to access the Platform;
• Use methods to disguise your location or otherwise circumvent The Law Portal’s tools to secure the Platform;
• Directly or indirectly submit any Posts or otherwise engage in conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of The Law Portal or Users or any other third party, including privacy rights, copyrights, or other intellectual property rights;
• Directly or indirectly submit any Posts linking affiliate programs, multi-level marketing schemes, or off-topic content;
• Violate any federal, provincial, or local laws, statutes, ordinances, regulations, or ethical codes;
• Engage in any behavior that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
• Submit any content containing any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Except as expressly authorized by The Law Portal, solicit or otherwise request personal information from Users other than information strictly necessary to use the Platform for the purposes of the Platform;
• Scrape, access, monitor, index, frame, link, or copy any content on the Platform by accessing the Platform in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly available portions of the Platform through a browser or accessing the Platform through any approved mobile application, application programming interface, or client application;
• Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Platform;
• Violate the restrictions in any robot exclusion headers of the Platform, if any, or bypass or circumvent other measures employed to prevent or limit access to the Platform;
• Submit any Posts that advocate illegal activity or discuss illegal activities with the intent to commit them;
• Engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation;
• Resell or make any commercial use of our system or the content on the Platform, including personal information, without our prior written consent of The Law Portal;
• Provide information on any other websites about The Law Portal, unless you expressly state that your statements are not made on behalf of and have not been approved by The Law Portal;
• Falsely imply The Law Portal’s endorsement, partnership, or otherwise mislead others as to your affiliation with The Law Portal;
• Use the Platform in a way that violates or facilitates violations of these Terms; any other agreement or guidelines that govern use of the Platform; or attempt to do any of the foregoing directly or indirectly.
• Recruit, solicit, or contact in any form Lawyers, Legal Professionals, or Users for employment or any other use not specifically intended by the Platform;
• Advertise or solicit an expertise not related to or appropriate for the Platform including, but not limited to promoting or offering involvement in Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; and
• Access the Platform or content in order to build a similar or competitive website, product, or service.
You understand that violation of these rules or Terms more generally may result in the termination of your Account. You acknowledge and agree that The Law Portal may remove any Posts and terminate any Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Posts). The Law Portal further reserves the right to report unlawful activity to law enforcement or other regulatory authorities.
You further understand that The Law Portal has the right, but does not have any obligation, to monitor the use of the Platform and verify information provided by our Users.
8. Proprietary Rights and Limited License
All right, title, and interest in and to the Platform are and will remain the exclusive property of The Law Portal and its licensors. All materials therein, including, without limitation, images, text, graphics, and all intellectual property rights related thereto, are the exclusive property of The Law Portal and its licensors. The Platform is protected by copyright, trademark, and other laws of both Canada and foreign countries. You acknowledge that the Platform has been developed, compiled, prepared, revised, selected, and arranged by The Law Portal and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of The Law Portal and such others. Except as explicitly provided herein, nothing in this Agreement gives you a right to use The Law Portal’s name or any of The Law Portal’s trademarks, logos, domain names, and other distinctive brand features. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
Subject to your complete and ongoing compliance with these Terms, The Law Portal grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Platform. We reserve all rights not expressly granted to you by these Terms.
9. Feedback
By sending us any feedback, comments, questions, or suggestions concerning The Law Portal or the Platform (collectively, “Feedback”) you represent and warrant: (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against The Law Portal and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Membership, these Terms, or your participation in the Platform.
10. Third Party Links & Services
Lawyers, Legal Professionals, and Users using the Platform may provide links to other websites, applications, or resources. Because The Law Portal has no control over such sites, applications, and resources, you acknowledge and agree that The Law Portal is not responsible for the availability of such external sites, applications, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The Law Portal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS. AND USEFULNESS OF ANY OPINION, ANSWER, OR OTHER CONTENT AVAILABLE THROUGH THE PLATFORM. PLEASE SEEK THE ADVICE OF A LAWYER OR OTHER PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
11. Duration and Termination of Agreement
Duration. The agreement between you and The Law Portal reflected by these Terms is effective when you access the Platform (for example to create an Account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
Termination by Users. As a User, you may terminate your service and Account at your sole discretion and at any time by written notice via e-mail to info@thelawporta.ca. Terminations may take up to seven (7) business days after our receipt of your termination notice, at which time, your Account will be closed and you will no longer have access to your former Account.
Termination by The Law Portal. At any time, with or without notice, for any or no reason, The Law Portal reserves the right to modify or discontinue any portion or all of the Platform, and to restrict, suspend, and terminate Lawyers’, Legal Professionals’, or Users’ accounts.
12. Indemnity and Release
You agree to release and to indemnify, defend, and hold harmless The Law Portal and its subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including lawyers’ fees and court costs), claims, actions, inquiries, or investigations of any kind whatsoever arising out of or resulting from your use of the Platform, your violation of these Terms, and any of your acts or omissions that implicate publicity rights, defamation, or invasion of privacy. The Law Portal reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with The Law Portal in the defense of such matter.
In the event that you have a dispute with one or more Users, Lawyers, or Legal Professionals, you release The Law Portal, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Platform.
13. Email Terms
By registering for the Platform, you consent to receive communications from us, which may include emails to the email address provided to create your Account. For example, we email you with transactional alerts about your Account. You may also sign up to receive marketing or promotional emails, calls, or text messages. You may opt-out of receiving certain communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Platform.
14. Disclaimers
Neither The Law Portal nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Platform. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of Platform or products offered or purchased through the Platform. Products and Platform purchased or offered (whether or not following such recommendations and suggestions) through the Platform are provided “AS IS” and without any warranty of any kind from The Law Portal or others.
YOU ACKNOWLEDGE AND AGREE THAT THE LAW PORTAL DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR, REVIEW, AND/OR REMOVE USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND CHECKS ON ANY USER. THE PLATFORM AND CONTENT ARE PROVIDED BY THE LAW PORTAL (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE PLATFORM WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, PLATFORM, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE LAW PORTAL OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS, LAWYERS, AND/OR LEGAL PROFESSIONALS ON THE PLATFORM. YOU UNDERSTAND THAT IT MAY NOT BE POSSIBLE OR FEASIBLE FOR THE LAW PORTAL TO PROMPTLY AND ACTIVELY VERIFY THE STATEMENTS OF LAWYERS, LEGAL PROFESSIONALS, OR USERS.
THE LAW PORTAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF LAWYERS, LEGAL PROFESSIONALS, OR USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE LAWYERS, LEGAL PROFESSIONALS, OR USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER LAWYERS, LEGAL PROFESSIONALS, OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
THE LAW PORTAL EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY LAWYERS, LEGAL PROFESSIONALS, OR USERS OR THIRD PARTIES. UNDER NO CIRCUMSTANCES WILL THE LAW PORTAL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM, WHETHER FROM LAWYERS, LEGAL PROFESSIONALS, USERS, OR A LINKED PLATFORM. A USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE IS AT THE USER’S SOLE RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LAW PORTAL OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE LAW PORTAL, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS PLATFORM AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
16. Dispute Resolution and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute, claim, or controversy of any sort and of any nature (collectively, “Dispute”) arises while using the Platform as a User, Lawyer, or Legal Professional (as defined in this Agreement) with or against The Law Portal, then you agree that such Dispute will be resolved on an individual basis in accordance with the provisions set forth below:
If a dispute arises between the parties in relation to this Agreement, or out of this Agreement, the parties agree that the following dispute resolution process must be used.
1. A meeting must be held promptly between the parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute.
2. If, within fourteen [14] days after such meeting, or such further period agreed to by the parties in writing, the parties have not succeeded in negotiating a resolution of the dispute, the parties agree to submit the dispute to mediation.
3. The parties must jointly appoint a mutually acceptable mediator-arbitrator. If the parties are unable to agree upon the appointment of a mediator-arbitrator within seven [7] days after the end of the negotiation period referred to in paragraph (b), the parties must apply to the Alternative Dispute Resolution Institute of British Columbia (ADRBC), or such other organization or person agreed to by the parties in writing, which will, within seven [7] days of the application, appoint a mediator-arbitrator taking into account.
1. the need for the mediator-arbitrator to be neutral and independent,
2. the qualifications of the mediator-arbitrator,
3. the mediator-arbitrator’s fees,
4. the mediator-arbitrator’s availability, and
5. any other consideration likely to result in the selection of an impartial, competent and effective mediator-arbitrator.
4. The parties agree to participate in good faith in a mediation-arbitration session, which must occur within thirty [30] days after the appointment of the mediator-arbitrator, or such further period agreed to by the parties in writing.
5. The parties agree that the mediation-arbitration will be conducted in accordance with the Mediation Rules of the Alternative Dispute Resolution Institute of British Columbia (ADRBC).
6. If the parties are unable to resolve all issues in dispute in mediation, the parties agree that the mediator will be appointed as an arbitrator and the remaining issues in dispute must be determined by arbitration under the Commercial Arbitration Act, R.S.B.C. 1996. The parties agree that the decision of the arbitrator will be final and binding and will not be subject to appeal on a question of fact, law or mixed fact and law.
7. The parties agree to share equally the costs of the mediation and arbitration, which costs will not include costs incurred by a party for representation by counsel.
The parties further agree that any mediation, arbitration, or mediation-arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE LAW PORTAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. General
Entire Agreement. These Terms (and any additional terms, contracts, rules, and conditions that The Law Portal may post on the Platform), and, if applicable, its Privacy Policy, constitute the entire agreement between you and The Law Portal with respect to the Platform and supersede any prior agreements, oral or written, between you and The Law Portal.
This Agreement, Privacy Policy, and disclaimers will prevail over FAQs, and other rules and policies on the Platform.
Waiver and Severability. If any provision(s) of the Terms is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. The Law Portal’s failure to exercise or enforce any of the Terms shall not constitute a waiver of The Law Portal’s right to exercise or enforce the Terms as to the same or another instance.
Assignment. You agree that The Law Portal may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including, but not limited to, because your interaction with other users of the Platform, the pricing offered, and fraud mechanisms in place are based upon individual usage.
Section Titles. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notice. The Law Portal may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Platform or via email to the email address listed on your Account. It is your obligation to update your Account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
If you have questions about these Terms, please contact us in writing via email to info@thelawportal.ca
